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Authors

Antoni Bolecki

Keywords

franchising, vertical restraints, exclusive distribution, selective distribution, noncompete obligation, restrictions related to intellectual property rights, restrictions related to location, exchange of information in vertical relations, sale price reporting, unification of advertising campaigns, RPM

Abstract

This article aims to identify those special elements of franchising, important to antitrust assessment, which differentiate it from traditional distribution. It is fair to say that some restrictions on the rights of a franchisee contained in franchise agreements will be treated with more leniency than if they were included in a standard distribution agreement. The analysis covers the following areas: a) general restrictions typical to franchising; b) RPM; c) noncompete obligations; d) combining selective and exclusive distribution; e) point-of-sale location requirements.

First Page

59

Last Page

77

Page Count

18

Publisher

University of Warsaw

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